1. Implementation of directions regarding the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, concerning Archaka remuneration, cadre strength, and institutional management. (Para 1 , 2 )
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1997 Supreme(SC) 868
SUPREME COURT OF INDIA
D P Wadhwa, K Ramaswamy
SRI DIVI KODANDARAMA SARAM AND OTHERS, PETITIONER;
VERSUS
STATE OF A.P. AND OTHERS, RESPONDENTS.
I.A. No. 3 in Writ Petition (C) No. 696 of 1987
decided on May 9, 1997.
Important Points
The Court established that Archakas, following the abolition of hereditary rights, are employees of the institution rather than government servants. Their pay and cadre strength must be rationalized based on temple income, as Article 27 prohibits using public funds for the maintenance of specific religions.
Subject
Religious Institutions - Management and Administration
Act Referred
Headnote
Constitution of India,1950 – Article 27 - Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act – Section 34,144,6,65,6(a),6(b),6(c) and 154 - Modality for payment of remuneration – Payment of salary - These applications are sequential to judgment rendered by this Court in A.S. Narayana Deekshitulu v. State of A.P. - Therein, while upholding constitutionality of various provisions, in particular, Sections 34 and 144 of Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, this Court mentioned about total number of temples and of temples which are assessable institutions and income being derived by them - It observed that said information was furnished for the first time in the written arguments after arguments had concluded and judgment was reserved; accordingly, it directed the State Government to look into same and take a decision in that behalf by constituting a committee of officers enumerated therein - Similar direction was given to work out amounts paid pursuant to interim directions and to adjudge final liabilities as indicated - It was held that "it would be open to Executive Officer of TTD etc. to work out payments made to Archakas, Mirasidars and Gamekars etc. and also the rights consistent with the law and would take action accordingly – Held, As regards the payment of remuneration, Committee has recommended that modality for payment of remuneration to Archakas should be strictly on same system as in the case of payment of salary to the secular staff as is being done now - Government has accepted the above suggestion in toto - It being a reasonable recommendation, court approve of the same - Court also approve of same and direct the Commissioner, Endowments Department to work out the modalities and modules donations floated, as and when donations are received, amount may be invested in interest-earning fixed deposit schemes, preferably in nationalised banks, and whenever the payment of remuneration is to be made, they should rationalise same in such a way that same does never exceed at any stage 50 per cent of interest amount; rest of the 50 per cent should be earmarked for other welfare purposes - It is further recommended that if, in giving effect to these recommendations, Government finds any difficulty, they may make such provisions not inconsistent with the provisions of the Act, as may appear to them to be necessary or expedient for removal of the difficulty - Orders are accordingly passed.
Legal Category Hierarchy
Table of Contents
2. Archakas contended that their services are integral to religious service and sought pay parity with government employees following the abolition of hereditary rights. (Para 8 , 11 )
3. The court found that Archakas are employees of the institution, not government servants, and their remuneration must depend on institutional income rather than public funds. (Para 8 , 11 )
4. Article 27 of the Constitution prohibits using public exchequer funds for religious promotion, precluding automatic pay parity between religious staff and government employees. (Para 11 )
5. The court approved the government's recommendations on pay scales, cadre strength, staff reduction, and exemptions for low-income temples under the Act. (Para 3 , 5 , 6 , 7 , 8 , 10 , 12 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 23 )
6. Are Archakas considered government servants after the abolition of hereditary rights?
No, they are not government servants. However, they are treated as employees of the institution on par with secular staff regarding their duties, pay scales, and potential retrenchment in the event of a fall in institutional income. (Para 8 )
7. Can Archakas claim pay parity with government employees based on the nature of their service?
No. Article 27 of the Constitution prohibits the use of public exchequer funds for the promotion or maintenance of any particular religion. Consequently, remuneration for religious staff must be linked to the income of the specific institution rather than government pay scales. (Para 11 )
8. How are Archakas in temples with abnormally low income compensated?
In institutions where annual income is very low, Archakas may be permitted to retain lands in their possession in lieu of remuneration as a condition for rendering services, subject to suitable amendments to Section 144 of the Act. (Para 12 )
9. What is the budgetary limit for establishment expenditure in religious institutions?
Under Section 57 of the Act, for institutions with an annual income of not less than one lakh, the provision for establishment expenditure should not be less than 30 per centum of the balance of income remaining after specific priority provisions. (Para 4 , 5 , 6 )
10. Does casual employment of Archakas during special festivals confer a right to permanent employment?
No, casual employment for specific festivals does not confer a right to future employment. However, such individuals may be appointed on a regular basis based on seniority and qualifications when vacancies arise due to retirement. (Para 15 )
JUDGMENT
K. RAMASWAMY, J. - These applications are sequential to the judgment rendered by this Court in A.S. Narayana Deekshitulu v. State of A.P. [(1996) 9 SCC 548]. Therein, while upholding the constitutionality of various provisions, in particular, Sections 34 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (30 of 1987) (for short, "the Act"), in para 132 of the judgment, this Court mentioned about total number of temples and of the temples which are assessable institutions and the income being derived by them. It observed that the said information was furnished for the first time in the written arguments after the arguments had concluded and judgment was reserved; accordingly, it directed the State Government to look into the same and take a decision in that behalf by constituting a committee of officers enumerated therein. In para 133, this Court mentioned that hereditary right to appointment as an Archaka or other officers was abolished and that holders thereof were required to be rehabilitated and given regular scales of pay and comforts. Accordingly, the Committee was directed to go into the question of rationalisation of their scales of pay and the modality for payment of salary to them and to send its recommendations to the Government for necessary approval. The Government was directed to consider them, have decision taken and to submit its report to this Court for further approval/directions, if necessary. Similarly, in para 135, a permanent fund was directed to be constituted and the income derived from it by way of interest was directed to be distributed among the Archakas and servants of the temple by way of welfare measures. For that purpose, a scheme was required to be framed. The composition of the Committee was also indicated therein. Similar direction was given to work out the amounts paid pursuant to the interim directions and to adjudge the final liabilities as indicated in para 136. In para 138, it was held that "it would be open to the Executive Officer of TTD etc. to work out the payments made to the Archakas, Mirasidars and Gamekars etc. and also the rights consistent with the law and would take action accordingly".
2. In furtherance thereof, respective committees came to be constituted which went into the questions and have submitted the reports to the Government for approval. The Government have accepted the recommendations, some in toto and some of them subject to riders/suggestions/modifications. A welfare scheme has also been formulated details of which will be dealt with at an appropriate stage. Suffice it to state that practically the Government have also agreed to the major part of the recommendations as suggested by this Court in the judgment. After hearing the learned counsel on both sides, we now proceed to dispose of the IAs and the transfer petitions/cases.
3. Section 6 of the Act classifies the charitable or religious institutions and endowments and other mutts on the basis of the income and its calculation under Section 65. Section 6(a) institutions are those whose income exceeds Rs. 5 lakhs and above per annum; Section 6(b) institutions are those whose income exceeds Rs. 50,000 but is less than Rs. 5 lakhs; and Section 6(c) institutions are other than those covered under clauses (a) and (b). The Committee has gone into this aspect, in the light of the directions issued and has recommended that the temples whose annual income is less than Rs. 5 lakhs may be allowed to be managed by the respective managements of the temples etc. but be supervised by the Department as is being now done so that the managements of such temples may be allowed to pay such remuneration to the Archakas. In lieu of salary, the properties given to them may be retained by the Archakas for enjoyment subject to rendering service depending upon the income of the respective temples as per the prevailing circumstances. We are informed that a sizeable part of the temples
